RUPIKA RATHOR Vs. ANANT RATHOR

JUDGEMENT

(1.) By this petition preferred under Article 227 of the Constitution of India, the petitioner has challenged the order dtd. 23/1/2025 passed in RCSHM No.2698/2024 by the Additional Principal Judge, Family Court, District Indore whereby a joint application filed by the parties herein to waive the mandatory cooling off period of six months as provided under Sec. 13-B (2) of the Hindu Marriage Act, 1955 (hereinafter refereed to as 'the Act') has been rejected.

(2.) Admittedly the petitioner and the respondent's marriage was solemnized on 25/6/2020 and they are living separately since 06/2/2021, whereas an application under Sec. 13-B of the Act for divorce by mutual consent has been filed on 21/10/2024. Thereafter, a joint application to waive off cooling period of six months was filed on 21/1/2025 wherein it was mentioned that since both the parties have already settled their disputes, the same be allowed and the main application for grant of divorce by mutual consent be considered and allowed. The aforesaid application has been rejected by the Family Court by the impugned order.

(3.) Learned counsel for the parties have relied upon a decision of the Supreme Court in the case of Amit Kumar Vs. Suman Beniwal reported in 2021 SCC Online SC 1270 wherein it has been held in Paragraph Nos.22, 27 and 28 as under :-